Author - Ted Burgess

About Ted Burgess

Ted Burgess is an experienced and passionate lawyer with The Los Angeles DUI Experts. He attended law school at both McGeorge School of Law in Sacramento and Thomas Jefferson School of Law in San Diego. In 1992, he earned his Juris Doctorate and then furthered his education at King's College in London with a certification in International Law from U.S. Supreme Court Justice Anthony M. Kennedy. In is free time, Ted is a world traveler, musician, marathon runner, and blogger.

Usually when I talk about a Breathalyzer test, it’s referring to either the roadside Preliminary Alcohol Screening (PAS) test or the chemical test that is administered at the police station. However, these are two completely different tests with different requirements and potentially different legal ramifications.

The PAS test is part of the roadside sobriety tool kit that officers carry around with them. As a field sobriety test kit, it can be easily used and gives a general idea of the blood alcohol content (BAC) of the person taking it. However, because it is not a fully accurate test (with results varying up to 15% from actual BAC), the court does not recognize the test for legal reasons. The truth is that one out of every four people tested will show a higher BAC than they actually have.

There are all kind of environmental factors that can influence the results of a PAS breathalyzer test, including:

Police radios

Dirt

Smoke

Cleaning products

Breath mints

Cell phones

Nail polish

Gasoline

Relative humidity

It is important to note that the PAS test, as with all field sobriety testing, is completely optional. Refusing to take the PAS will, however, result in your license being taken and a trip down to the local precinct for a mandatory chemical breath test.

Chemical testing can be broken down into the stationary breath analysis, a blood test, or a urine test. The stationary breath analysis works on the same principles as the field PAS test. The major difference is that the test is administered in the controlled environment of a police station. Many of the potential contaminants are removed in this test. Still, blood or vomit in the mouth or even irregular breathing patterns can influence the results of a Breathalyzer test.

The most accurate of all tests is the blood test. It is either taken at a hospital or at the police station. These are the least convenient and most expensive of all BAC tests and are usually only done at the request of an officer who feels the Breathalyzer is not accurate. Even these tests have potential for misrepresentation or even inaccuracy if they are not administered correctly. People who have diabetes or who have been taking cough medicine or herbal supplements can show higher than normal BAC levels. Also, if an alcohol swab is used to clean the area before a blood draw, the alcohol may be picked up on the sample.

A more common alternative to the blood test is the urine test. The biggest drawback to these tests is that they take much longer to process, so some jurisdictions would rather not use them. The test can be administered at the police station, at a clinic or hospital, or even at the subject’s own home. Tests must be verified off-site by an authorized lab.

The most important thing that you should know is that a PAS test is voluntary and the officer administering it is required by law to tell you so. If you are not advised of this, it is considered an illegal search. But if you do refuse the PAS, you could be setting yourself up for a longer license suspension, jail time, or even the installation of an ignition lock device if you are ultimately convicted.

With cell phones becoming ubiquitous in our lives, using them in the car has become commonplace. But is talking on the phone safer than drinking and driving? What about texting and driving? The numbers are in, and the clear winner is… not doing any of the above.

Drinking and driving and distracted driving among college students were found to have very similar results in testing done during a study done by Harvard University. During their tests of 40 participants, those who used a cell phone “drove slightly slower, were 9 percent slower to hit the brakes, displayed 24 percent more variation in following distance as their attention switched between driving and conversing, were 19 percent slower to resume normal speed after braking, and were more likely to crash.” In fact, three of the participants actually rear-ended the pace car during the experiment. None of the drivers were drunk during this phase; they were all simply talking on their cell phones.

In the same study, drunk drivers didn’t fare any better. These drivers “drove a bit more slowly than both undistracted drivers and drivers using cell phones, yet more aggressively. They followed the pace car more closely, were twice as likely to brake only four seconds before a collision would have occurred, and hit their brakes with 23 percent more force.” Interestingly, though, “Neither accident rates, nor reaction times to vehicles braking in front of the participant, nor recovery of lost speed following braking, differed significantly from undistracted drivers.” Participants had a blood alcohol level of more than 0.08 percent.

The results from the Utah study have been backed by several other studies on the same subject. In 2008, the National Highway Traffic Safety Administration (NHTSA) reported more than 5,000 fatalities and more than half a million injuries due to accidents caused by drivers who were distracted. This statistic includes distractions other than cell phones but shows that driving while distracted is dangerous and sometimes deadly.

The biggest distraction in the car today is texting, especially among young drivers. According to a study by Cohen Children’s Medical Center, more than 3,000 teens die annually in accidents directly related to texting while driving. And according to NHTSA, driving while texting is six times more dangerous than drunk driving.

An in-state study also revealed that in Texas, “texting drivers are 23 times more likely to be involved in a crash than non-texting drivers” This information came directly from David Strickland, the administrator of the Texas Traffic Safety Conference.

To put all of this information in a real-world situation, the average time it takes to read and respond to a text message is about 4.6 seconds. If you are driving at 55 mph, your car would cover the length of a football field while you weren’t looking.

It doesn’t take a genius to see the dangers of texting and driving, yet we see it on the roads every day. When you get behind the wheel, put your phone in your pocket. There’s nothing so important that it can’t wait until you’ve gotten where you’re going to find out.

If you have been pulled over for suspicion of DUI, the absolute worst thing you can do is have a long, detailed conversation with the officer. One you’ve been pulled over, everything that the officer says to you has one goal: to build a case against you for a DUI. And although you do have the right to remain silent, there are certain laws that you have agreed to follow. These are implied consent laws that require you to submit to chemical testing if the officer feels it is warranted due to your physical ability to drive and/or any other suspicious behaviors that you exhibit during a stop.

Remaining silent may seem suspicious, but it is not grounds for a legal detention or chemical testing. The officer will try to get you into a conversation about what you were doing, where you are going, and anything else that they can to get you say. Don’t talk to them: You won’t be able to talk yourself out of a DUI, but you certainly can talk yourself into one.

The officer will couch everything that is voluntary as a question, like, “Can you turn off the engine please?” or “Would you mind if I had a look in your back seat?” Anything that is couched as a question is something you can legally refuse, and the officer cannot pursue it past asking the question again. The only things you should provide to an officer are your driver’s license, name and birth date, and your proof of insurance. Anything else can be answered with, “I would like to speak with a lawyer before answering any more questions.”

The officer may ask you to step out of the car for a field sobriety test. If you are over 21 years of age, you may refuse this test. It is a very subjective tool that is used to get enough information to warrant a trip back to the station to have a chemical blood test. Keep in mind that if you haven’t given the officer any reason to believe you have been drinking, there is little recourse for them but to let you go. An unwarranted DUI is very easy for a lawyer to defend in court, as anything that happens after the unwarranted detention is not admissible in a court of law.

If you have been detained, you must, by law, submit to a chemical blood test. Refusal to do so will get you a mandatory license suspension even if you haven’t had a single drop to drink. In addition, the police are able to forcibly take a chemical specimen from you, so they are going to get their evidence in either case.

Remember, silence cannot be used against you in a court of law. It is one of your fundamental constitutional rights. The only thing that you ever have to submit to is a chemical breath, blood, or urine test at the police station. You may refuse any roadside sobriety test without the fear of legal repercussions.

Becoming a lawyer is a huge commitment. It’s more than just a commitment of time; it’s a whole lifestyle change. And that’s only one of the considerations you need to make. There are some other things that you should consider quite seriously before making the choice to enter law school.

Job Market

You may think that just because you get a law degree you’ll have your choice of jobs. This is far from the case. In fact, law firms have been limiting the number of training contracts they hand out. You may find yourself in an area of the country where there are hundreds of lawyers and there’s no need for more.

Return on Investment

The job that you may get isn’t a get-rich-quick position. You could feasibly get a job paying $45,000 a year while dealing with your $100,000-plus in student loans. You may have to look outside of the legal arena and take a job in an area that values a law degree, like government or private corporate policy jobs.

Geography

Seriously look at the region in which you want to practice law and choose a law school that has connections there. This will require a lot of research, including calling lawyers in the area and asking where they went to school. Networking will be one of your biggest assets as a practicing lawyer.

Lots of Reading

Be prepared to read. It’s not like graduate school; it’s like 10 graduate schools all at once. You’ll have to read and then read some more. Expect to pull all-nighters at the law library and to read so much that your brain might literally shut down on you.

Organization Techniques

You will need breaks to keep your spirits up and keep your mind in tip-top shape. The better you organize your time and plan ahead, the easier it will be for you to succeed in law school. Learn some shortcuts on the readings as well; for instance, having an idea of case facts and principles and keeping those noted in bold may serve you well.

Advice Guru

All of a sudden, you will be the go-to person for all things legal. You’ll be saying no to a lot of friends and relatives, but you need to make sure they understand that you are still learning and that the intricacies of law require specialization, something you are not ready for as of yet.

School is Life

You won’t have time for a whole lot of social interaction. School will become the center and focus of every day of your life. You will be studying on the weekends, studying in the daytime, and studying at night. And when you aren’t studying, you’ll be doing tutoring sessions and seminars.

Trust Issues

Law school can be cutthroat. Not everyone there can be trusted to help you achieve your goals. There are plenty of other students who would be happy to see you fail to move up a spot on the graduating roster.

Law School is Intense

In addition to the backstabbing and drama that you can get from other law school attendees and the constant need to study and learn, you may think it couldn’t get any more intense, but it can. If you do well in class, especially a class graded on a curve, you may elicit some unsportsmanlike moves by other students. It’s best to fly under the radar whenever you can.

Books Are Expensive

If you thought that books were expensive as an undergraduate or even a graduate student, law school books are going to give you a heart attack. These are specialty books and can cost upward of $300 each.

Grading is Tough

Law isn’t like regular learning. The readings are very specific and dense. You’ll feel stupid when reading some of the cases and explanations. It will happen. And you may struggle to get a 60 or higher at first. Don’t worry, it’s common.

Social Stigma

Of course, you’ll also have to deal with the social stigma of selling your soul to the devil to make a buck or becoming the sounding board for all of your non-law friends. You’ll get all of the “cold-blooded” lawyer comments and more. It just comes with the territory.

If you still want to become a lawyer, it’s a great field. Just know what you’re getting into so you can prepare for the rigors of law school.

Perhaps you aren’t aware that drinking and driving is a cash cow for the legal system. Maybe you think that it’s just a slap on the wrist and a few fines and then you’re back to driving again. If that’s what you think, your mind is about to be blown.

According to MSNBC, “A typical DUI costs about $10,000 by the time you pay bail, fines, fees, and insurance, even if you didn’t hit anything or hurt anybody.” That was back in 2011. A new report by the Automobile Club of Southern California says that a first-time DUI conviction in California can cost you as much as $15,649. Are you under 21? If so, the news is worse: You can expect it to cost you $22,492, according to the same report.

Right. That’s a lot more than a slap on the wrist. It’s a full-fisted grab into your bank account, and it’s one that keeps taking and taking. Here’s how some of the costs break down:

Bail: $150 to $2000.

Towing: $100 to $300.

Vehicle Impounding: $100 to $400 depending on the length of impound, and if you don’t retrieve your vehicle in 60 days, it can be sold at auction.

Insurance Increase: Up to $40,000 over a 13-year span, according to DMV.org. Some of this fee is the required SR-22 certification for the first three years. After that, the costs are from increased premiums as compared to the baseline for your age.

Legal Fees: Up to $25,000. A competent DUI lawyer is going to cost around $4,000, with higher costs for more experienced and high-profile cases.

Fines: $390 minimum, up to $3,000. The judge may allow you to do community service or jail time instead of paying part of the fine.

Alcohol and Driving Classes: $550 and 12 to 45 hours, depending on the judge’s discretion, on the first offense. A second offense carries 18 months of required classes. The cost for the 18-month class is significantly higher and varies depending on the school.

Monitoring Devices: $300 to $1,200. Generally, first-offenders are not required to wear a monitoring device. If, however, the judge deems it necessary, these devices are available for rent and will cost about $100 a month plus a security deposit of $200 or more.

Ignition Lock: $100 to $200 plus monthly rental fees of $70 to $100.

License Reinstatement Fee: $150.

What none of this takes into account is the lost work time that comes with a DUI. In addition to money being siphoned out of your bank account at an alarming rate, you must spend a lot of time in court and attending classes. This is time taken away from your job. So not only are you spending money, but you aren’t making as much, either. In felony cases, your employer may even fire you based on your single DUI conviction.

If you are facing a potential DUI conviction, contact a lawyer specializing in DUI defense right away. Don’t go it alone; you could be costing yourself tens of thousands of dollars.

You’re probably well aware that you can lose your driving privileges if you get convicted of a DUI in California. What you may not know is that there are several ways that a DUI conviction can affect your life outside of needing to count on someone else for rides for six months or longer. Here is a list of ten things that you don’t expect from a DUI conviction but that may happen.

Fines, Fines and More Fines

In addition to losing your license, you are going to be subject to fines and court costs. It’s $75 here, $30 there, and pretty soon, you could be paying up to $1,000 in fines for your very first DUI conviction. Habitual offenders can expect anywhere from $1,800 to $18,000 in fines depending on the seriousness of the offense and your previous driving record.

Loss of Job

First, your employer may have a provision in their handbook that allows them to fire you over any criminal offense. Since DUI can be a felony charge, your employer can choose to fire you over it. Also, the DUI will require you to take a lot of time off to meet with lawyers and to spend in court. Your employer may not take kindly to that, and you may end up out of a job.

No Car Insurance

Yes, your car insurance can drop you for a DUI. Yes, you will still be able to get new insurance, but it’s going to cost you a pretty penny. Even a single DUI conviction is enough to nearly double your current insurance rates.

Home and Health Insurance Increase

A DUI can cause your heath and home insurance rates to go up. Many insurance companies consider a DUI a risk factor that indicates poor decision-making. Although the increases may not be as steep as with your car insurance, they will add up.

Ignition Lock Devices and DUI Classes

When you get convicted of a DUI, the court can force you to have an ignition lock device on your car at your cost. You may also be required to attend DUI classes, also at your cost. These items can quickly add up to $500 or more.

Professional License Forfeiture

Many professions have associations that govern their licensing. Doctors, lawyers, and other specialists may have their licenses revoked by the governing agency for a DUI conviction. Usually, it will take a track record of poor performance or judgment, but most professional associations make it possible to revoke a license for a single felony.

Missed Work for Court Dates

As mentioned earlier, you may have to take significant time off from work to prepare for and attend court hearings. This can result in lost wages in addition to the fines and other costs associated with a DUI.

Job Application Issues

As a felony, a DUI must be put on job applications and shows up on background checks. If a hiring manager has narrowed hiring down to you and a candidate without the same DUI history, you may lose out on the job because of that one poor decision.

Scholarships May Be Unavailable

Many colleges won’t give scholarships to those with an arrest record. Also, you may be passed over for acceptance based on your DUI record.

No Weapons Permit for You

Having a felony on your record will prevent you from being able to carry a firearm. This can limit your ability to find a job or to continue in a job where carrying a weapon is part of the requirement.

These are only ten of the things that can happen because of a DUI conviction. If you or a loved one is facing one, please contact a DUI lawyer immediately to discuss your case. It will be the most important thing you do today.

As I’ve mentioned before, getting pulled over for a DUI is one of the scarier things that can happen to a person. The threat of a DUI charge can cause people to act in ways they normally wouldn’t, especially if they’ve had a bit to drink. The best way to avoid a DUI is to not do anything to get yourself pulled over in the first place. Here’s what you should be doing if you’re going out for a night cap or attending a party where there is social drinking involved.

Make sure to eat something while you’re drinking. It will help slow down the intake of alcohol into your system. When you drink on an empty stomach, the alcohol is absorbed more quickly and your blood alcohol content (BAC) rises at a faster rate than if you are eating. Have some pretzels or other appetizer foods and spread out the alcohol so you don’t end up with that dreaded 0.08 percent BAC.

Keep your car in good condition. Having a light out or an expired tag is enough to get you pulled over. This is especially true at night when cops can easily pull you over for a burned-out headlight or failing blinker.

Follow traffic laws. While you should always follow the law, follow it even closer if you’ve had a bit to drink. Don’t forget to use your signal light when changing lanes and stick to the speed limit. You don’t want to give an officer any reason to pull you over and do a field sobriety test.

Keep your driver’s license, registration, and insurance information in easy-to-access places. If you fumble around for those items, that’s going to go on the officer’s report as reasonable suspicion to do a field sobriety test.

Keep informed about DUI checkpoints in the area and avoid them. If you are an L.A. local, look to Mr. Checkpoint on Twitter. Otherwise, most DUI crackdowns are required to be mentioned in a public forum, usually on a local police website or in the community paper. Know where these checkpoints are and plan a route around them.

Stay focused on the task of driving. Although you may be able to hold a phone conversation and switch radio stations when you’re sober, don’t do it if you’ve been drinking. Your reaction time is slower, and you need all of your concentration on the road to avoid even small swerves.

I’m not going to tell you not to drink to avoid a DUI: That one is common sense. However, having a designated driver is a good idea. If you are caught driving while impaired, it can cause all kinds of problems in your everyday life. If you get in an accident, it can be even worse because you could be responsible for ending someone else’s.

While these are all good ways to avoid a DUI, the real focus should be on driving safely and getting yourself home without an accident. If you feel like you’ve had too much to drink to drive safely, call a friend or call a cab and get a ride home.

Personally, it seems to me that California is well on its way to legalizing marijuana like Colorado and Washington. Making it legal won’t eliminate all of the legal ramifications that come with using it, though. For instance, a marijuana DUI would be just as likely with legalization as it would be while the drug is still illegal.

The difference between a regular DUI and a marijuana-related one is in the way that the drug is measured. This makes it both easier to be arrested for and easier to fight in court. According to California Vehicle Code 23152(e) VC, the arresting officer must believe that your marijuana use has hindered your “ability to drive with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances.” Basically, the officer has to think you are unable to drive.

Here’s what needs to be proven in a court of law:

You were operating a motor vehicle.

You were under the influence of marijuana.

Your mental abilities were impaired to a point that it affected your decision-making process.

Let’s break this down. Operating a motor vehicle can be as simple as placing the key in the ignition. If you were in the driver’s seat and the key was in, this fulfills part one. Most DUI cases don’t hinge on this particular point, but if you were arrested before starting your vehicle, this could come into play.

The second part is where the subjective nature of a marijuana DUI comes into play. If the officer who has pulled you over suspects that you are under the influence of marijuana or any other drug, they are likely to call in a DRE (drug recognition expert) to determine if you are under the influence. This officer will look for common signs of marijuana use including dilated pupils, a fast heart rate, elevated breathing rate, the smell of marijuana, red eyes, dry mouth, and slowed reaction times. Even though the officer may be an expert, these things are hard to prove in a court of law.

If the DRE determines that you are under the influence, you will be arrested and taken in to the station to be given a blood test. If you have a medical condition that prevents a blood test, a urine test may be taken instead. Both tests have fundamental flaws that make them unreliable as a method of saying you were under the influence at the time of your arrest. They do not indicate when you used marijuana or how much was used. Also, since there are no set levels of intoxication, there is no standard for the court to base its findings on.

If you are arrested in California for a marijuana DUI, you face the following penalties:

Probation for three to five years

A minimum of 96 hours of jail time and maximum of six months

Fines of $390 to $1,000

License suspension for six months

If you have been arrested for a marijuana DUI, speaking with an attorney who specializes in this area is extremely important. A good attorney can often poke holes in a marijuana DUI case and get your life back on track like nothing happened.

You might think you’ll outsmart the police the next time you go out drinking by riding your ten-speed instead of driving your car. Well, here’s some news that’s going to put the kibosh on that idea quick. You can still get a DUI when riding your bike. In fact, you can get a DUI while operating anything that the law considers a vehicle. In California, that could be a bicycle, a tricycle, a unicycle, or even a horse! That’s right: There was a recent case in San Francisco that involved a man being charged with DUI after he mounted a horse and rode it a few blocks. He was also charged with animal cruelty and a laundry list of other infractions that stemmed from his actions while under the influence.

In California, there is a special law specifically for cycling under the influence (CUI), Cal. Veh. Code § 21200.5: “Notwithstanding Section 21200, it is unlawful for any person to ride a bicycle upon a highway while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug. Any person arrested for a violation of this section may request to have a chemical test made of the person’s blood, breath, or urine for the purpose of determining the alcoholic or drug content of that person’s blood pursuant to Section 23612, and, if so requested, the arresting officer shall have the test performed. A conviction of a violation of this section shall be punished by a fine of not more than two hundred fifty dollars ($250). Violations of this section are subject to Section 13202.5.”

As mentioned before, this statute is applicable to all non-motorized vehicles and livestock. If you can ride it, the cycling law can be applied to it.

There are no specific limits in regard to blood alcohol content (BAC) level when it comes to a CUI. It is left completely to the discretion of the arresting officer. However, there are some protocols that must be adhered to for the CUI arrest to be deemed valid. These include watching you for an adequate amount of time before determining that you are indeed under the influence. Fifteen minutes is a standard that has been used in the court system in cases such as this. Since very few officers will observe a single subject for this length of time, it can be argued that there was not sufficient probable cause to pull over the cyclist. Of course, if you managed to crash your bike during that time, this 15-minute guide would not be applicable.

If you are apprehended for CUI, you can request that a BAC test be performed. This could be a very important piece of evidence for you to have should you wish to fight the infraction. This is another place where there are strict procedural guidelines outlined in Title 17. If any of the outlined procedures are not met, the blood alcohol test can be deemed inaccurate and the results removed from evidence.

If you or a loved one has been charged with CUI, document the incident in as much detail as you can remember and call an attorney right away. Because the arrest is discretionary, there is a good chance that a proficient lawyer can help.

I know that some of my posts are sensationalist and focus on things that are fun to read, but this one is different. This time, I am talking about drinking and driving, more importantly what happens when you get pulled over for suspected drinking and driving. A DUI is a very serious offense, and unfortunately, it is a very discretionary process. In fact, California law has two different charges for DUI. The first is completely discretionary, and blood alcohol content (BAC) isn’t even a major factor: If the officer feels you were driving erratically, any alcohol in your blood will lead to a driving under the influence charge. The second possible charge is for a BAC of more than 0.08% as measured by a breath or blood chemical test. In most cases where the BAC is measured above 0.08%, both charges are considered.

Here’s what you should do if you are pulled over for a suspected DUI.

When you are pulled over, you are in a state of detention. You are not technically in custody, but you are also not free to go. Because you are not in custody, the officer does not have to inform you of your Miranda rights. But just because you are not told of these rights doesn’t mean you don’t have them. According to California law, you are only required to provide your driver’s license, car registration, and proof of insurance. This doesn’t mean you should sit there silently and ignore an officer’s questions: Instead, you should politely inform the officer that you are declining to answer due to your Fifth Amendment rights.

The officer will probably tell you to step out of the car and take a field sobriety test. This is also not required by law, and you should refuse based on the grounds that the test is unreliable and subjective. It is important that you say all of this out loud because most California officers carry recording devices. These recordings can be used later in a court of law as part of your defense should you be arrested. You may also be asked to take a field breath test. Again, this is not required by law. As long as you are over 21 and not currently on probation for a previous DUI, you do not have to take this test. Again, make sure you state that you do not believe this is required by law and that the test is unreliable.

At this point, the officer can either take you into custody or let you go on your way. If you are taken into custody, you will be read your Miranda rights and taken to the police station, where you will be required to take a breath test or submit to a blood test. This test is required by law: Do not refuse it. If you do refuse, you will automatically have your license suspended for a year and the police will force the blood test on you anyway. If you are given the choice, the breath test is easier to discredit at a trial due to its accuracy issues, but a blood test can be retained to be retested at a later date.

If your chemical test comes back at 0.08% or higher, the officer will take away your driver’s license and give you a pink slip that is a temporary license. You’ll also receive a paper that states that your license will be automatically suspended for four months in 30 days. You will have 10 days to schedule a hearing to contest this suspension. This is a strict window, and you must make sure to request a hearing in that period.

Once you are released from the police station, immediately write down everything you can about the events of the day, including what you did before you were pulled over, the conversation you had with the arresting officer, and anything that happened at the station. This record will be invaluable to your attorney when putting together your defense.

Fighting a DUI is a serious matter, and you’ll need an attorney that specializes in DUI litigation for the best defense possible. Don’t try to fight the system on your own. There is simply too much at stake.